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BARGE INDUSTRY HAILS EFFORT TO CLARIFY CRIMINAL PENALTIES FOR OIL SPILLS

WASHINGTON, D.C. - The American Waterways Operators (AWO), the national trade association for the American tugboat, towboat and barge industry, hailed the introduction today of a bill clarifying that the Oil Pollution Act of 1990 (OPA90) is the exclusive federal statute governing criminal penalties arising out of oil spills. The legislation, S. 2944, introduced by Senator John Breaux (D-LA), and H.R. 5100, introduced by Representatives David Vitter (R-LA), Howard Coble (R-NC) and Bob Clement (D-TN), will clear up confusion over unfair and outdated liability statutes being applied to oil spill situations without regard to "criminal intent," or fault. Currently, antiquated liability statutes are being used by some government prosecutors to essentially treat every accidental oil spill as a criminal act, regardless of the circumstances of the individual spill or the safety performance, operations, training and actions taken by companies to avoid accidental oil spills.

AWO President Tom Allegretti pointed out the serious impact that applying the century-old statutes has had on an industry which has become a leader in safety and environmental protection, developing industry safety standards with its award-winning, Coast Guard-recognized Responsible Carrier Program. "The continued spectre of criminal liability, even when utmost care is taken, threatens the real progress the tug and barge industry has made in preventing oil spills and providing for effective response and cleanup of those spills that do occur."

Indeed, in the ten years since OPA 90 was enacted, there has been a dramatic reduction in the volume and the number of oil spills. Allegretti went on, "The Oil Pollution Act of 1990 itself provides tough criminal and civil penalties for spills found to occur from negligence. This is the law Congress intended to be applied, not old, outdated legislation enacted at the turn of the last century. This legislation is a welcome and needed reinforcement of Congress' intent, and a recognition of the extraordinary efforts on the part of the industry to prevent these incidents from occurring."